LEGAL AND LEGISLATIVE COMMITTEE-11-21-06

LEGAL AND LEGISLATIVE COMMITTEE

November 21, 2006

3:00 P.M.

Councilman Benson, Chairman, called the meeting of the Legal and Legislative

Committee to order, with Councilmen Rico, Rutherford, Robinson, Page, Pierce, Bennett,

and Gaines present. Councilman Franklin joined the meeting later. City Attorney

Randall Nelson and Shirley Crownover, Assistant Clerk to the Council, were also

present.

Others present included Michelle Michaud, Al Chapman, Donna DeWeese, Matt Lea,

Mayor Littlefield, Dan Johnson and Daisy Madison. Susan DuBose and Jean Smith

joined the meeting later.

$20,000 DONATION FOR HOMELESS PROJECT

Chairman Benson stated that there were two items on tonight¡¯s agenda¡ªone dealt with

Homeless Citizens and another with Homeless Animals. He asked Councilwoman

Robinson to relate what he had heard her say earlier in the day.

Councilwoman Robinson stated that it had just occurred to her that this is the week of

Thanksgiving, and we are truly blessed to be discussing the welfare of those who are least

able to defend themselves¡ªthe homeless and the cast aside animals. She stated that she

thought it spoke volumes and thanked everyone for being present today, stating that we

would try to do the best we can for the least of these.

Mayor Littlefield noted that this was a very appropriate message that should be taken to

heart.

Mayor Littlefield stated that he was in ¡°Council¡± territory and was very mindful of this,

noting that he had a brief presentation for dealing with the Homeless. He presented a

handout entitled Plans for the Farmers¡¯ Market Property¡ªA Gateway of Hope, which

is made a part of this minute material. He went over space for a Drop-in Center/Respite

Care Facility; One Stop Shop functions; and Relocation/coordination of downtown

shelters. He explained that the Drop-In Center would be a safe place during the day and

would be a base for case management. He mentioned that this had been discussed for

many years in the proximity of the Community Kitchen. He mentioned a flood that had

happened there a few months ago, noting that if we have one flood, we will likely have

another. He noted that this was what started off the quest for a Drop-In Center. Also in

the Blueprint is a Respite Care facility, which is an alternative level of care¡ªthis could

or could not be in the proximity of the Community Kitchen.

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Mayor Littlefield went on to talk about a number of other facilities within the downtown

area, including UTC and Erlanger Hospital, noting that there were 48 facilities that

contribute to the homeless¡ªthe State Department of Human Services being one. He

went on to say that one thing the Blueprint calls for is coordination and offering the

opportunity for more space to deal with homeless problems. He noted that the Social

Security Office is not accessible by public transportation.

He went on to mention two Downtown Shelters that want to relocate¡ªthe Rescue

Mission on 8th St. and the Union Gospel Mission, both being near new elementary

schools, which would not necessarily cause them to need to move. He stated that if the

Council chose, he would bring these moves to the Council, noting that one of them had

money. He reiterated that the Blueprint calls for coordination and co-location, noting that

there are gaps in the safety net. He emphasized that the only thing before the Council

tonight is a $20,000 Grant from the Chattanooga Christian Community Foundation,

Maclellan Foundation Fund, adding that we are fortunate in this community to have

organizations like this¡ªthat the Council only had to decide whether or not to accept this

Grant.

Councilman Rico moved that this Grant be recommended for acceptance by the

entire Council.

First, though, Chairman Benson wanted to know what we were getting into about future

operations.

Mayor Littlefield assured the Council that the City is not in the case worker business; that

this just involves things we have done in the past to make real estate available, noting that

the real estate is already saving us money, mentioning storage, where we are ¡°maxed out¡±

in the warehouse, and we can lease space for a substantial amount.

Councilman Pierce stated that this answered one of his questions, but he also wanted to

know how we would assess the cost over the long-run? He stated that everyone needed

to work together, and he did not feel this effort had community support period! He stated

that he had received information this week that positions had already been transferred and

had found out that this is not the case. He went on to say that he could not see us forcing

this operation on others by saying ¡°as long as it is in your community¡±. He stated that the

facility could ideally be located in Eastgate. Councilwoman Rutherford stated that she

would have to talk to him privately about this.

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Councilman Pierce went on to say that this area is like the Southside¡ªthat it has been

cleaned up. He added that he was not against the homeless, but it was like being on

welfare¡ªthe more you give me, the more I will reach out for! He stated that these

people would do better by staying homeless. He added that we also have Montague Park

as a proposed location.

Councilwoman Rutherford stated that she understood this $20,000 was to be used for

research to determine what we need and where we need it.

Mayor Littlefield agreed that it was research money.

Councilwoman Rutherford seconded the motion made by Councilman Rico, adding

that the $20,000 had nothing to do with development or the Council¡¯s commitment

to anything.

Councilman Pierce still questioned if there would be no cost to the City, noting that he

had heard there would be two staff persons down there.

Mayor Littlefield explained that the City Human Services had always dealt in this area;

that the present state of the homeless is not status quo; that many partnerships were

working on this, and we were trying to be a catalyst. He added that there would be many

rumors; that the last line of his handout states¡ªUltimate Goal: Fewer homeless

individuals and families on the street. He added that we were just talking about

relocating the two shelters and a Drop-In Center.

Councilwoman Bennett stated that we need to make sure that the community stays

engaged and informed and a part of this process¡ªthat this is a community we have

created, and we need to make sure that this is a good, compatible ¡°fit¡± for this

neighborhood.

Mayor Littlefield pointed out that the neighborhood had asked that the Rescue Mission be

allowed to relocate.

Councilwoman Bennett reiterated that she just wanted to make sure that this goes back to

the community, prompting Councilman Pierce to tell Councilwoman Bennett that ¡°they¡±

already had all of the answers!

Mayor Littlefield stated that there had already been one Charette and another one was

planned, and we would stay engaged and listen to the community and other

professionals¡ªthat we had just resolved the question of real estate.

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Councilman Page stated that what was being said was very important¡ªthat there is

always a pre-conceived idea and we need to focus on the fact that we are not deciding

what will be there and no decisions have been made¡ªthat this has to represent

collaborative thinking.

Mayor Littlefield reiterated that we were just addressing the three things at the top of his

handout¡ªDrop-In Center/Respite Care facility; ¡°One Stop Shop¡± functions; and

Relocation/coordination of downtown shelters.

Councilman Pierce noted that he was opposed to this.

HUMANE EDUCATIONAL SOCIETY AGREEMENT

Chairman Benson stated that we would be discussing a Resolution authorizing the Mayor

to enter into an agreement between the City of Chattanooga, Tennessee and the Humane

Educational Society of Hamilton County, Inc. for the operation of an animal shelter for

the period of October l, 2006 through June 30, 2008; that this will be discussed at this

meeting, and there will be no reason for anyone to say anything further at tonight¡¯s

Council meeting unless it is something totally new.

Attorney Nelson pointed out that there might be people at tonight¡¯s meeting who were

not here now.

Councilman Page questioned if we had to have a public hearing on this, with Chairman

Benson noting that it was just a Resolution.

Councilman Pierce stated that we owed it to the public to have this discussed fully.

Chairman Benson outlined the procedure, stating that we wanted to conduct this in a fair

way¡ªthat we would have a presentation of the Budget by Daisy Madison; that after she

gets through, we will have a response from HES, and the Council members can hear from

our Board member, Don Alderman; that following this, we need to know where we will

be going and will call on the Chairman of ACT to find out where we are; then there will

be time for discussion. He called on Daisy Madison.

Ms. Madison went over the Resolution that authorizes the Mayor to enter into an

agreement between the City of Chattanooga and the Humane Educational Society of

Hamilton County for the period of October 1, 2006 through June 30, 2008. She

explained that the terms had been revised to include changes in the price and amount the

City will pay, appointments to the Board, termination provisions, and also Board

appointments.

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Ms. Madison explained that we had done business for a number of years with HES, and

the process had changed where the City picks up animals¡ªthat in 2001 the City

established our own Animal Services and took over this responsibility from the Humane

Society; our contract was adjusted in the neighborhood of $80,000, and the contract

dropped from $490,000 to $400,000 and now the value is $502,000 annually. She went

on to explain that we established a Spay and Neuter Program and reinstated a surcharge

fee, which was bringing in $18,000 a year, which was supposed to be a contribution in

part to HES and a part was to be returned to the City; however the City had not insisted

that the fee be returned. She reiterated that the Contract was for $502,000, with an

additional surcharge, making the total amount $520,000; that the Contract today states

that the intended fee stay intact and the surcharge be removed and that HES maintains the

funds with no retroactive repay to the City¡ªthis will be in effect through June 30, 2007

and then there will be a 5% increase through June 30, 2008, making the approximate

amount of the contract to be $543,000, which includes the surcharge fee. She stated that

these were the major provisions, and the highlights had been worked out with Mr. Farnish

and Guy Bilyeu, and she hoped it was acceptable to both parties.

Councilman Pierce asked about the $18,000 surcharge that should have been shared

between HES and the City and asked what the City¡¯s percentage was? Ms. Madison

explained that HES was to have kept $2.00 of the $20.00 fee and the other $18.00 was to

be returned to the City. She reiterated that this surcharge would stay with HES, which

would increase the amount of their Contract. Chairman Benson pointed out that HES

was keeping it anyway. Councilman Pierce stated that the City let them do this

voluntarily, and this was not right.

At this point Mr. Bilyeu was given the opportunity to speak, and he began by saying that

he thought everybody in this room was interested in homeless animals. Chairman

Benson prompted him to only talk about the Contract. Mr. Bilyeu stated that they would

accept the Contract and that Ms. Madison had worked very hard on this; that there was no

increase, and they were willing to continue accepting the surcharge money to be used for

spaying and neutering and elderly and low-income people; that this surcharge was not

used for day-to-day operations; that they charged $30.00 if a person was able to afford

it¡ªif not, it was free. He went on to say that they were working with local vets to spay

and neuter; that he had been able to take HES out of being one of the highest euthanasia

facilities in the State. Councilman Rico reminded Mr. Bilyeu that the Council only

wanted to know if they would accept the Contract or not.

Councilman Pierce noted that Mr. Bilyeu was only giving a layout of how the money is

spent, with Councilman Rico responding that we only wanted to hear about problems

with the Contract.

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